Bill Description: Senate Bill 1186 would obliterate donor privacy in Idaho for all donations over $1,000 that are even tangentially related to political speech.
Rating: -5
Does it violate the spirit or the letter of either the United States Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the US Constitution or the Idaho Constitution?
Speech, including anonymous speech, is a fundamental right. Laws that attempt to abridge this right deserve the highest level of scrutiny. Efforts to force the disclosure of donors and to compromise donor privacy have a chilling effect on free speech.
Senate Bill 1186 would amend eight sections of Idaho code to fundamentally alter the landscape of political speech in Idaho, effectively obliterating door privacy in a blatant attempt to chill political speech.
Senate Bill 1186 would amend Section 67-6606, Idaho Code, to add a new subsection compelling "a nonbusiness entity making expenditures in support of or in opposition to a candidate" to reveal the "full name and complete address of each person who has contributed to the reporting nonbusiness entity an aggregate amount of one thousand dollars ($1,000) or more during the previous twelve (12) months."
Additionally, "If the person making the contribution to the nonbusiness entity is not an individual or business, the report shall also include a list with the full name and complete address of each person who in turn has donated an aggregate amount of one thousand dollars ($1,000) or more to such person donating to the non-business entity who is not an individual or business within the previous twelve (12) months."
The invasive intrusions continue, with the bill saying, "The disclosure of donors shall continue tracing back through each donor who is not an individual or business, until the aggregate contributions from a person equal less then [sic] one thousand dollars ($1,000) or all donors have been identified as individuals or businesses."
The bill says, "Such contributions shall not be expended until all such donations of one thousand dollars ($1,000) or more have been traced back to an individual or business."
This provision compromises donor privacy. It also hamstrings organizations that cannot trace the source of all donations due to other states having less restrictive reporting mandates.
(-1)
Senate Bill 1186 would amend Section 67-6607, Idaho Code, to add a new subsection compelling "a political committee receiving contributions in support of or in opposition to a candidate from a person who is not an individual or business and has donated aggregate contributions of one thousand dollars ($1,000) or more during the previous twelve (12) months to the reporting political committee" to provide "a list of the full names and complete addresses of each person who in turn has made an aggregate contribution of one thousand dollars ($1,000) or more to such donor who is not an individual or business within the previous twelve (12) months."
The invasive intrusions continue, with the bill saying, "Such donor disclosure shall continue tracing back through each donor who is not an individual or business until either a donor's total contributions equal less than one thousand dollars ($1,000) or all donors have been identified as individuals or businesses."
The bill says, "Such contributions shall not be expended until all such donations of one thousand dollars ($1,000) or more have been traced back to an individual or business."
This provision compromises donor privacy. It also hamstrings organizations that cannot trace the source of all donations due to other states having less restrictive reporting mandates.
(-1)
Senate Bill 1186 would amend Section 67-6611, Idaho Code, to add a new subsection compelling "each person, other than a candidate in an Idaho election, making independent expenditures in support of or in opposition to a candidate" to reveal the "name and address of each person who has donated contributions to the reporting person in the aggregate amount of one thousand dollars ($1,000) or more during the previous twelve (12) months."
Additionally, "If the person donating contributions to the person making such independent expenditures is not an individual or business, the person making independent expenditures shall provide a list of the full name and complete address of each person who in turn has donated one thousand dollars ($1,000) or more within the previous twelve (12) months to the person donating to the person making such independent expenditures."
The invasive intrusions continue, with the bill saying, "Such donor disclosure shall continue tracing back through each donor who is not an individual or business until either a donor's total contributions equal less than one thousand dollars ($1,000) or all donors have been identified as individuals or businesses."
The bill says, "No independent expenditure shall be made until all such donations of one thousand dollars ($1,000) or more have traced back to an individual or business."
This provision compromises donor privacy. It also hamstrings individuals who cannot trace the source of all donations due to other states having less restrictive reporting mandates.
(-1)
Senate Bill 1186 would amend Section 67-6612, Idaho Code, to add a new subsection compelling "a person required to report pursuant to this section" to report "the name and address of each person who has donated contributions in an aggregate amount of one thousand dollars ($1,000) or more during the previous twelve (12) months."
Additionally, "If the person donating such contribution is not an individual or business, the person required to report pursuant to this section shall provide a list of the names, addresses, and contribution amounts from each person who has in turn made aggregate contributions of one thousand dollars ($1,000) or more to the person donating to the person reporting pursuant to this section within the previous twelve (12) months."
The invasive intrusions continue, with the bill saying, "The donor disclosure shall continue tracing back through each donor who is not an individual or business until the aggregate donations from a person equal less than one thousand dollars ($1,000) or all donors have been identified as individuals or businesses."
This provision compromises donor privacy. It also hamstrings individuals who cannot trace the source of all donations due to other states having less restrictive reporting mandates.
(-1)
Senate Bill 1186 would amend Section 67-6614, Idaho Code, by adding a sentence saying, "In the case of contributions made by a corporation, the names of the officers, directors, and equity shareholders holding over ten percent (10%) of shares in the corporation shall also be reported in any report required pursuant to this chapter."
This provision clearly compromises donor privacy and creates the perception of a link to minority shareholders who may have had no role in approving a donation.
(-1)
